Public vs. Private
When we are trying to understand real law and the governments perception of the People versus our perception of the government, we first need to define a few important terms such as status, things public and things private. Your status in society has a profound impact on your ability to communicate with government. Status is your standing, state of condition. The rights, duties, capacities, and incapacities which determine a person to a given class. (Black’s Law, 4th ed.) Without knowing your status, it makes it difficult to understand why we are handed certain outcomes in our legal matters and other controversies. Your status as one of the People from Pennsylvania (or whichever state you live; Arizona, Ohio etc.) engages you differently with the government and your ability to use the law called the Pennsylvania, or United States Constitutions, along with 49 others (which we will save to explain at another time). Status determines standing! I will reiterate this throughout.
Our government in America was set up to handle certain specific things “public.” Public meaning the whole body politic, or the aggregate of the citizens of a state, district, or municipality. (Black’s Law 4th ed.) The constitution granted this power! (Article I Section VIII of the U.S. Constitution) Terms like public health, public safety, compelling public interest etc. are commonly used references which deal with public matters. We believe and have been taught that we must always comply with what is in the best interest of the "public." This couldn't be further from the truth, and this is where the government and society has tricked us for a long time! Keep in mind a public grant can never abridge your private rights! Private is affecting, or belonging to private individuals, as distinct from the public generally. Privacy is the right to be left alone, the right of a person to be free from unwarranted publicity. (Black’s Law 4th ed.) The Declaration of Rights in the Pennsylvania Constitution (Bill of Rights in some State’s Constitutions) are secured private rights which government swore to NEVER abridge! (I highly suggests reading your State constitution! All your rights are inside of this! NOT the federal constitution which is very limited in scope and a lower seeded document. (The States (big) created the federal (little)) God created the People. The People created the States. The States granted specific enumerated powers to the federal and reserved our rights for everything else not specified. If you understand how a trust is set up, you get this! (grantor, trustee, beneficiary)
Hopefully you now better understand the contrast between public and private and how your “status” in the law influences the way government and the courts perceive you upon your presentation of status! Status determines standing! Let’s move on!
The United States of America is a republican form of government. We are NOT a democracy! The constitution, the highest law of the land, was framed this way. The word republic is derived from the Latin term res publica, thing, matter of the public. Within the republic the People formed a state, which is a voluntary association. Meaning you can take part in public things, or you have the right to defer participation. And even when you decide to enter the public realm, that does not mean your private rights have been relinquished. Example. If I am out in a public event where a mask is mandated (which is not law), but a mask inhibits my freedom to breathe air, and this goes against my liberties, I have the choice via the Declaration of Rights via the Pennsylvania Constitution whether to wear a mask, or not!
How you present your status determines your standing! Being proactive, rather than reactive through impulse, and learning a bit about the law can clear a path for you so large that life in the USA becomes great again! All the worry about who the next President may be becomes a much smaller issue!
Let’s suppose I want to go to a rock concert to see my favorite band, and it is a public event at a public venue that requires a mask to be worn. How do I lawfully and peacefully counter the mask requirement? I would simply, and well in advance of the event, send a simultaneous certified mailing notice to the event coordinator, my state legislatures, and a specific few other government servants expressing the concerns of a violation of rights which they swore to uphold. This notice will require a response from the recipients within a reasonable amount of time attached with a sworn affidavit rebutting my claims. I have created a document of evidence through broad diffusion of knowledge that has touched the hands of many and now becomes legitimate standing in a court of record outside of the administrative process! A potential lawsuit is pending. The notice that was sent, challenging authority, cannot be rebutted. They never respond (acquiescence), because anything they say will be used against them! It’s the law that binds them. Their attorney can only respond using a statute that they know has lower seeding to the Constitution. Capiche? Comprende? Verstehe? The hierarchy of law is critical to understand! (Law >statute)
Sending notice to the government, or those that have impeded upon your rights is invaluable documentation. We must learn how to hold court outside of a courtroom and out of reach of the administrative process! (lawyers) This is why we send notice and affidavit! This process almost becomes as regular as brushing your teeth once you learn your power! You are higher than the government!
Knowing how to decipher between public (government) vs. private (the People) affairs and your status determines the jurisdiction in the eyes of the court, which can save your freedom and a boat load of cash. It will keep your business open during mandated "lockdowns" with a business conversion PMA (Private Membership Association). Many private businesses are not truly private. Unless you become a PMA like me! Much of what we call private property by hanging signs “private keep out” on the perimeter of our land is not private either. Did school ever teach this?
In the court of law, always remember that the higher the court, the less complicated things become! When we tinker in these lower-level administrative tribunals, we get caught up in a statutory cluster! Using real law bypasses all the legal jargon we have become accustomed to. Arguing statute versus statute is a crap shoot! The only winner is the attorney!
I encourage all to come to our biweekly Zoom meetings Mondays every month 7 pm. We can talk about your specific issues. Disclaimer: I am not an attorney, don't want to be one, don't claim to be one, never been to law school and don't give law advice! I just show where to find and how to stand on your rights! Please email me for a meeting invite link! coachjoedtraining@gmail.com
God Bless!
One of the People! Joe Divosevic
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